Karnataka RERA Issues Standard Operating Procedure for Recovery of Monetary and Non-Monetary Reliefs Granted in RERA Orders

Karnataka RERA Issues Standard Operating Procedure for Recovery of Monetary and Non-Monetary Reliefs Granted in RERA Orders

Circular Details

Authority: Karnataka Real Estate Regulatory Authority (K-RERA)
Date: 28 July 2026
Subject: Procedure to be followed in case of recovery of monetary and non-monetary reliefs in terms of orders passed on complaints filed under Section 31 of the RERA Act, 2016
Legal Basis: Section 40 of the Real Estate (Regulation and Development) Act, 2016, read with Rules 25 and 26 of the Karnataka RERA Rules.

Key Directions

The circular lays down an SOP for execution and enforcement of K-RERA orders where the promoter or other judgment debtor fails to comply.

• 60-day compliance period: After 60 days from the order, K-RERA will ascertain whether the order has been complied with.

• Execution Petition: In case of non-compliance, the decree holder may file an Execution Petition through the RERA portal, along with an updated calculation statement where monetary dues are involved.

• Notice to parties: Notice will be issued to the decree holder and judgment debtor, giving the judgment debtor an opportunity to explain compliance or non-compliance.

• Additional opportunity: Where non-compliance continues, the Authority may grant a further two weeks for compliance.

• Disclosure of assets: In monetary recovery matters, the judgment debtor may be required to disclose details of movable and immovable assets, bank accounts and investments.

• Revenue Recovery Certificate: Continued failure to pay monetary dues may result in issuance of a Revenue Recovery Certificate (RRC) under Section 40(1) of RERA.

• Attachment and auction: The recovery process may extend to movable and immovable properties and bank accounts through the competent revenue authorities.

• Non-monetary relief: For orders involving non-monetary directions, K-RERA may enforce the order itself in accordance with law or transmit it to the Principal Civil Court having jurisdiction for enforcement under Section 40(2) of RERA and Rule 26.

Suggested Short Heading

K-RERA Issues SOP for Execution and Recovery of RERA Orders

This would work particularly well as a legal-news/blog heading, while the longer heading can be used as the formal title of the circular. 

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail.

 in the matter of National Stock Exchange Member vs. Union of India & Anr.125(2005) DLT 165.

The Delhi High court held that 

when there is a conflict between the provisions of the Act, Rules and Regulations framed thereunder, the Act will prevail. and if there is a conflict between the Act, Rules and Regulations on the one hand, and the circular on the other, the former will prevail and the latter becomes ultra vires

in the matter of M/s. Hiralal Ratanlal vs. STO, AIR 1973 SC 1034, the Apex Court observed:

"In construing a statutory provision the first and foremost rule of construction is the literaly construction. All that the Court has to see at the very outset is what does the provision say. If the provision is unambiguous and if from the provision the legislative intent is clear, the Court need not call into aid the other rules of construction of statutes. The other rules of construction are called into aid only when the legislative intent is not clear."

The Hon‟ble Apex Court in case Prakash Nath Khanna vs. C.I.T. (2004)9 SCC 686 has laid down that the language implies in a statute is the determinative factor of the legislative intent.